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(영문) 대전지방법원 천안지원 2013.04.04 2012고정704
상해
Text

The defendant shall be innocent.

Reasons

1. On June 5, 2012, the Defendant: (a) around 20:55 on the street in front of the Ambane vehicle located in the New-dong, Chungcheongnam-gu, Chungcheongnam-gu; and (b) on the ground that the vehicle of C was changed in the future of the vehicle on which the Defendant was in operation without turning on the direction, etc., the Defendant carried out a dispute; (c) on the other hand, the Defendant carried out a confluence of C’s body in hand and carried down a confluent hand with the left hand, and laid down the aggregate of the fourth balance of the left hand, which requires approximately five weeks of treatment to the bitnobbin C.

2. Determination

A. The Defendant asserts to the effect that, although he was aware of the fact that he was harming C in the course of passive resistance against C’s assault, he did not have inflicted an injury by satisfing his fingers, and that the Defendant’s above act constitutes a justifiable act that does not contravene social norms.

B. On the other hand, the interrogation protocol or the self-written statement prepared by the judicial police officer C as shown in the facts charged in the instant case did not consent to the defendant as evidence, and the authenticity of the establishment was not recognized by the statement made by the person making the original statement, and thus, there is no admissibility of evidence, and the written statement of the injury diagnosis statement (Evidence No. 5) alone is insufficient to recognize the facts charged, and there is no other evidence.

Furthermore, according to the CD verification results in this court, C did not turn on the time and direction direction light as indicated in the facts charged, and the Defendant her driver left the front of the vehicle with a light, which led to a dispute between the Defendant and C, and the Defendant and C used violence, such as: (a) the Defendant and C set up the vehicle at the edge of the road and unilaterally pushed down the Defendant’s chest while taking the vehicle into custody; and (b) the Defendant and C used violence, such as unilaterally pushing the Defendant’s breast part while unilaterally pushing the Defendant’s chest. On the contrary, the Defendant was pushed back once again, and continued to stop the Defendant’s chest, and as indicated in the facts charged, in the video recorded in the above CD.

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